[Download] "Stump Et Al. v. Sparkman Et Vir" by Supreme Court of the United States * Book PDF Kindle ePub Free

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eBook details

• Title: Stump Et Al. v. Sparkman Et Vir
• Author : Supreme Court of the United States
• Release Date : January 28, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

The relevant facts underlying respondents suit are not in dispute. On July 9, 1971, Ora Spitler McFarlin, the mother of respondent Linda Kay Spitler Sparkman, presented to Judge Harold D. Stump of the Circuit Court of DeKalb County, Ind., a document captioned "Petition To Have Tubal Ligation Performed On Minor and Indemnity Agreement." The document had been drafted by her attorney, a petitioner here. In this petition Mrs. McFarlin stated under oath that her daughter was 15 years of age and was "somewhat retarded," although she attended public school and had been promoted each year with her class. The petition further stated that Linda had been associating with "older youth or young men" and had stayed out overnight with them on several occasions. As a result of this behavior and Lindas mental capabilities, it was stated that it would be in the daughters best interest if she underwent a tubal ligation in order "to prevent unfortunate circumstances...." In the same document Mrs. McFarlin also undertook to indemnify and hold harmless Dr. John Hines, who was to perform the operation, and the DeKalb Memorial Hospital, where the operation was to take place, against all causes of action that might arise as a result of the performance of the tubal ligation.

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